Cf283 


Constitution  and  canons 


P.E.  church,  ^iocese  of 
Western  N.C. 


UNIVERSITY    LIBRARY 


DIOCESE  OF  WESTERN 

NORTH  CAROLINA 

COLLECTION 


PLACED  ON  DEPOSIT 
BY  THE   PROTESTANT   EPIS- 
COPAL CHURCH  IN  THE 
UNITED  STATES  OF 


(Eflttaittutttm  ani» 
Gkttfltta 


liorwe  of 

Jfariff  Carolina 


1923 


ilSlfc  ::> ;  J:«iW»f  ItSiiiis* '  m :  m-r 


DEX 


mal  and  Special 

of  Voting  

Election  to  the  Episcopate 5 

Officers  of  Diocese 5 

Standing  Committee 6 

Suspension  of  Parishes  and  Missions 6 

ms    S"27 

Alterations  in  the  Canons 27 

Attendance  of  Clerical  and  Lay  Delegates  on 

Convention    8 

Bishop  and  Council,  The 17 

Church  Pension  Fund   26 

Contingent  or  Diocesan  Expense  Fund 12 

Convocations 21 

Deputies  to  General  Convention  and  Pro- 
vincial Synod  H 

Dissolution  of  Pastoral  Relations 25 

Extinct  Parishes  16 

Laity,   Regulations   Respecting   25 

Lay  Readers 21 

List  of  Ministers 8 

Matrimony,   Solemnization   of   25 

New  Parishes 12 

Organized  Missions 20 

Parish  Registers  and  Reports 16 

Registrar,  The 16 

Secretary,  The ® 

Suspension  of  a  Parish 25 

Treasurer,   The   9 

Trial  of  Presbyter  or  Deacon 22 

Trustees,  The 10 

Vacant  Parishes 15 

Vestry,   The    -  13 

>ns  of  General  Convention  28-32 

Laity,  Regulations  Respecting 31 

Lay  Readers 28 

Matrimony,  Solemnization  of 30 

Pastoral  Relations,  Disolution  of 29 

Vacant  Cures,  Filling  of 28 

Rules  of  the  Order - __.33-36 


J 


Qlonstttutton  mb  (EawmB 


Including  Certain  Changes  of  the  Constitution 

Proposed  at  the  Convention  of  1923 

and  of  the  Canons  as  Amended 

and  Approved  by  the 

said  Convention 

of  the 

itnrm  nf  U^stera  £farit|  (Earnltna 


Together  with  Certain  Canons  of  the  General 

Convention  and  the  Rules  of 

Order  of  the  Diocese 


Publish  bg  (®tbtv  ai  tlf* 

(EfltTOPttttOtt 

1923 


CONSTITUTION 

of  the 

Itortratant  lEpiarntral  Qlljurrlj 

in  the 

Stores?  nf  IfeBimt  Nnrtlj  (Earfllma 

Including  Changes  Proposed  in  the 
Convention  of  1923 


ARTICLE   I. 


THE    DIOCESE 

The  Diocese  of  Western  North  Carolina  embraces  territorially 
the  counties  of  Alleghany,  Wilkes,  Alexander,  Catawba,  Lincoln, 
and  Gaston,  in  the  State  of  North  Carolina  and  all  that  portion  of 
the  State  lying  west  thereof;  and,  as  a  constituent  part  of  the 
Protestant  Episcopal  Church  in  the  United  States  of  Aemrica, 
it  acceeds  to  and  adopts  the  Constitution  and  Canons  of  that 
Church  and  acknowledges  their  authority  accordingly. 

ARTICLE  II. 

THE  CONVENTION 

The  Convention  of  the  Diocese  consists  as  follows: 
(a)  Of  the  Bishop  of  the  Diocese,  when  there  is  one. 
(&)  Of  every  clergyman,  not  under  discipline,  who  shall  have 
been  for  six  months,  next  preceding  the  Convention,  canonically 
resident  in  the  Diocese,  and  in  charge  of,  or  employed  as  assistant 
minister  in,  any  Parish  in  canonical  union  with  the  Diocese,  or  em- 
ployed as  a  missionary,  or  in  any  other  clerical,  social  service,  or 
educational  work,  under  the  Ecclesiastical  Authority  of  the  Dio- 
cese, or  serving  as  a  Chaplain  in  the  Army  or  Navy,  or  who  hav- 
ing been  engaged  in  the  discharge  of  any  of  the  foregoing  duties, 


4  CONSTITUTION  AND  CANONS 

shall  have  been  disabled  from  continuing  in  the  same  by  reason  of 
advanced  years  or  infirm  health. 

(c)  Of  any  officers  of  the  Diocese,  who  may  be  constituted 
ex-officio  members  of  the  Convention  by  constitution  or  canonical 
provision. 

(d)  Of  lay  delegates  from  the  Parishes  in  canonical  union 
with  the  Diocese,  and  from  the  Organized  Missions  in  the  Diocese. 

Each  of  the  said  Parishes  shall  be  entitled  to  three  delegates 
in  the  Convention,  and  each  of  said  Organized  Missions  shall  be 
entitled  to  one  delegate  in  the  Convention. 

The  lay  delegates  shall  be  communicants  in  the  Parish  or 
Mission,  which  they  represent,  and  they  shall  be  chosen  in  such 
manner  as  may  be  prescribed  by  Canon. 

ARTICLE  III. 

ANNUAL   AND    SPECIAL    CONVENTIONS 

Section  1.  A  Convention  of  the  Church  in  this  Diocese  shall 
meet  annually  at  such  time  and  place  as  may  have  been  determined 
by  the  next  preceding  Convention,  or  in  case  of  no  such  determi- 
nation, at  such  time  and  place  as  may  have  been  designated  by  the 
Ecclesiastical  Authority  of  the  Diocese,  but  the  time  or  place  of 
such  meeting  may  be  changed,  or  Special  Conventions  may  be 
called  by  the  Ecclesiastical  Authority  of  the  Diocese,  subject  to 
such  provision  as  may  be  prescribed  by  Canon. 

Section  2.  Printed  notice  of  the  meeting  of  the  Convention 
shall  be  mailed  at  least  thirty  days  before  the  time  appointed,  to 
every  clergyman  canonically  resident  in  the  Diocese  and  to  the 
Clerk  of  the  Vestry  in  each  Parish  in  canonical  union  with  the 
Diocese,  and  to  the  Clerk  of  each  Mission  in  the  Diocese.  In  case 
of  a  special  Convention,  the  notice  shall  specify  the  purpose  for 
which  the  same  is  called,  and  no  business  not  stirctly  pertaining 
to  that  purpose  shall  be  transacted  by  said  Convention. 

Section  3.  The  Ecclesiastical  Authority  shall  appoint  and 
order  the  opening  service,  and  all  other  religious  services  of  the 
Convention,  subject,  in  the  absence  of  the  Bishop,  to  modification 
by  the  Convention  itself. 

Section  4.  The  Bishop  of  the  Diocese  shall  have  a  seat  and 
vote  in  the  Convention,  and  shall  be  its  presiding  officer. 

If  the  Bishop  of  the  Diocese  be  not  in  attendance  upon  the 
Convention,  a  President  pro  tempore  shall  be  elected  from  among 
the  clerical  members  of  the  Convention. 

Section  5.  The  presence  of  fifteen  of  the  clergy  entitled  to 
seats  in  the  Convention,  and  of  a  representation  from  one-half  of 
all  the  Parishes  entitled  to  be  represented  in  the  Convention,  shall 
be  necessary  to  constitute  a  quorum  for  the  transaction  of  business, 


CONSTITUTION  AND   CANONS  5 

provided,  however,  that  any  less  number  shall  have  power  to  meet 
to  receive  reports,  and  to  adjourn. 

ARTICLE  IV 

OFFICERS  OF  THE  DIOCESE 

The  Convention  shall  elect  annually,  a  Secretary,  a  Treasurer, 
and  one  member  of  a  Board  of  five  Trustees  of  the  Diocese  to  serve 
for  five  years.  It  shall  elect  triennially,  a  Registrar  of  the  Diocese, 
four  clerical  and  four  lay  deputies  to  the  General  Convention,  with 
four  provisional  clerical  and  four  provisional  lay  deputies  to  the 
same,  and  an  Ecclesiastical  Court  to  consist  of  five  Presbyters  of 
the  Diocese. 

The  foregoing  officers  shall  respectively  perform  the  duties 
which,  by  canon  or  general  usage,  may  be  prescribed  for  them;  and 
each  shall  continue  in  office  until  his  successor  is  chosen;  and  any 
vacancies  among  the  foregoing  officers,  arising  during  the  recess  of 
the  Convention,  may  be  filled  by  appointment  of  the  Ecclesiastical 
Authority  of  the  Diocese.  Vacancies  continuing  until  the  time  of 
an  Annual  Convention  shall  be  filled  by  the  same. 

ARTICLE  V 

MODE  OF  VOTING  AND  ELECTIONS 

The  Clergy  and  lay  delegates  shall  deliberate  in  one  body,  and 
vote  as  such  in  all  elections.    All  elections  shall  be  by  ballot. 

A  vote  by  orders  upon  the  decision  of  any  question  may  be 
called  for  by  five  members;  and  in  such  case  the  concurrence  of  a 
majority  of  the  votes  in  each  order  shall  be  necessary  for  an 
affirmative  vote.  * 

ARTICLE  VI 

ELECTION  TO  THE  EPISCOPATE 

The  election  of  a  Bishop  shall  be  made  in  an  Annual  Conven- 
tion, or  in  a  Special  Convention  called  for  that  purpose  at  least 
sixty  days  before  the  time  appointed,  the  object  being  stated  by 
notice  in  writing,  and  sent  to  every  clergyman  and  vestry  of  the 
Diocese. 

The  election  shall  be  by  orders,  and  a  concurrence  of  a 
majority  of  both  orders  present  and  voting  shall  be  necessary  to 
determine  the  choice,  provided  that  two-thirds  of  all  the  clergy 
entitled  to  vote,  and  the  lay  delegates  from  two-thirds  of  all  the 
parishes  and  congregations  entitled  to  representation,  be  present; 
otherwise,  two-thirds  of  the  votes  of  each  order  present  shall  be 
necessary  to  a  choice. 


i. 


6  CONSTITUTION  AND   CANONS 

ARTICLE  VII 

THE    STANDING   COMMITTEE 

Section  1.  The  Standing  Committee  of  the  Diocese  consisting 
of  four  Presbyters  of  the  Diocese  and  four  laymen,  who  shall  be 
actual  communicants  of  the  Church  in  the  Diocese,  shall  be  elected 
at  every  regular  meeting  of  the  Convention  for  the  purpose 
expressed  in  the  Constitution  and  Canons  of  the  General  and  Dio- 
cesan Conventions,  and  shall  continue  in  office  until  another  com- 
mittee is  elected. 

Section  2.  At  their  first  meeting  after  the  appointment  they 
shall  choose  one  of  the  Presbyters  of  their  body  to  be  their  Presi- 
dent, and  another  of  their  body  to  be  their  Secretary,  whose  duty 
it  shall  be  to  keep  regular  minutes  of  all  the  proceedings  and  bus- 
iness of  the  committee,  to  preserve  them  carefully  recorded  in  a 
book  prepared  for  that  purpose  alone,  to  preserve  the  originals  of 
all  letters  and  papers  addressed  to  the  Standing  Committee,  to 
attest  their  public  acts,  to  perform  such  other  duties  as  they  may 
require,  and  faithfully  to  deliver  into  the  hands  of  his  successors 
all  books  and  papers  relative  to  the  concerns  of  the  Standing  Com- 
mittee which  may  have  been  entrusted  to  him. 

Section  3.  When  there  is  no  Bishop,  the  Standing  Committee 
shall  be  the  Ecclesiastical  Authority  of  the  Diocese. 

Section  4.  They  shall  present  to  each  Annual  Convention  an 
abstract  of  the  minutes  of  their  proceedings  since  the  previous 
Convention. 

Section  5.  Vacancies  in  this  Committee,  caused  by  death,  res- 
ignation, or  otherwise,  shall  be  filled  by  the  suffrage  of  the  re- 
maining members,  a  majority  of  the  whole  Committee  being  neces- 
sary to  constitute  a  choice. 

ARTICLE  VIII 

THE  CHANCELLOR 

The  Bishop  shall  nominate,  and  the  Convention  shall  elect,  a 
person  learned  in  the  law,  Chancellor  of  the  Diocese,  to  advise 
regarding  any  question  of  law  which  may  arise  in  the  administra- 
tion of  the  Diocese  affairs,  who  shall  be  entitled  ex  officio  to  a  seat 
and  vote  in  all  Conventions,  except  when  the  vote  is  by  orders. 
The  Chancellor  must  be  a  communicant  and  resident  in  the  Diocese. 
His  term  of  office  shall  be  three  years,  and  until  his  successor  is 
elected. 

ARTICLE  IX 
SUSPENSION  of  parishes  or  missions 

Any  Parish  or  Mission  may  be  suspended  from  the  right  oi 
lay  representation  in  the  Convention  by  a  vote  of  two-thirds  of 


CONSTITUTION  AND   CANONS  7 

each  order,  whenever  the  same  shall  be  deemed  conducive  to  the 
interests  of  the  Church;  or  its  connection  with  the  Diocese  may  be 
wholly  dissolved  by  canonical  process. 

ARTICLE  X 

AMENDMENT  OF  CONSTITUTION 

The  mode  of  altering  this  Constitution  shall  be  as  follows : 
Every  proposition  for  amendment  shall  be  made  in  writing, 
at  a  regular  Convention,  and  being  read,  shall  be  referred  to  the 
Committee  on  Canons,  which  shall  report  the  same  to  the  next 
Annual  Convention,  with  their  recommendation,  and  if  two-thirds 
of  the  two  orders  voting  separately  shall  then  approve  of  said 
proposition,  either  in  its  original  form,  or  in  the  form  recommended 
by  said  Committee,  the  Constitution  shall  be  changed  accordingly. 


CONSTITUTION  AND   CANONS 


CANONS 


As  Amended  and  Approved  by  the  Convention 
of  1923 


CANON  I 

THE  LIST  OF  MINISTERS 

Section  1.  Within  one  week  before  the  meeting  of  every  Con- 
vention of  this  Diocese,  the  Bishop  shall  cause  to  be  prepared  a 
list  of  the  Ministers  canonically  resident  in  the  Diocese,  annexing 
the  names  of  their  respective  cures,  or  parishes,  or  stations  as  Mis- 
sionaries, or  of  the  institutions  of  learning  in  which  they  are 
engaged;  and  in  regard  to  such  as  are  not  engaged  in  parishes,  or 
missions,  or  institutions  of  learning  as  above,  their  places  of  resi- 
dence only,  specifying,  at  the  same  time,  who  of  any  class  are 
Deacons;  but  no  Clergyman,  while  suspended  from  the  Ministry, 
shall  have  a  place  on  such  list;  and  the  list  shall  be  laid  before  the 
Convention  immediately  after  it  shall  have  been  called  to  order, 
and  the  names  of  the  Clerical  members  called  therefrom.  The  same 
shall  be  appended  to  the  Journal,  and  sent  to  the  Secretary  of  the 
General  Convention. 

Section  2.  When  the  right  of  any  Clergyman  to  a  seat  in  the 
Convention  is  disputed,  it  shall  be  determined  according  to  the  pro- 
visions of  the  second  article  of  the  Constitution,  by  the  Convention 
itself,  whether  his  name  be  inserted  in  the  list  aforesaid  or  be 
omitted. 

CANON  II 

attendance  of  clerical  and  lay  delegates  on  convention 

It  shall  be  the  duty  of  all  Clergymen  entitled  to  seats  in  the 

Convention  to  attend  same,  and  of  each  Parish  in  union  with  the 

Convention  to  send  one  or  more  Lay  Delegates  to  the  Convention, 

not  exceeding  three,  elected  by  the  Vestry,  at  least  ten  days  before 


CONSTITUTION  AND  CANONS  9 

the  meeting  of  any  Convention  from  among  the  male  communi- 
cants of  said  Parish,  and  of  each  organized  Mission  to  send  one 
delegate  appointed  by.  the  Minister-in-charge  from  among  the 
male  communicants  of  the  Mission ;  and  the  Clerk  of  the  Parish  or 
Mission  shall,  at  least  five  days  before  the  meeting  of  any  Con- 
vention, send  to  the  Secretary  of  the  Convention,  for  delegates 
elected  or  appointed  as  aforesaid,  a  certificate  as  follows: 

"This  is  to  certify  that  N.  N.,  communicants  in  good  standing 

"of Church  or  Mission  were  duly  appointed  Lay 

"Delegates  to  represent  the  same  in  the  Convention  of  the  Protes- 
"tant  Episcopal  Church  in  the  Diocese  of  Western  North  Carolina, 

"to  be  held  on  the  _^ day  of ,  in  the  year  of  our 

"Lord ;  and  that  the  quarterly  dues  to  the  Contingent 

"Fund  of  the  Diocese  are  either  fully  paid,  or  application  has  been 
"made  for  relief  in  accordance  with  the  Canon." 

This  certificate  shall  be  signed  by  the  Rector  or  Minister-in- 
charge,  and  Clerk.  The  Secretary  of  the  Convention  shall  make  a 
list  of  the  names  of  Delegates  thus  certified  to  him,  to  be  used  by 
him  at  the  organization  of  the  Convention. 

CANON  III 

THE  SECRETARY 

It  shall  be  the  duty  of  the  Secretary  to  take  minutes  and 
record  all  proceedings  of  the  Convention;  to  attest  its  public  acts, 
preserve  its  records,  notify  the  Parishes  of  the  times  and  places  of 
meeting  of  all  stated  and  special  Conventions,  giving  thirty  days' 
notice,  and  faithfully  to  deliver  to  his  successor  all  books  and 
papers  belonging  to  the  Convention  which  may  be  in  his  charge. 
In  giving  notice  of  the  meeting  of  the  Annual  Convention,  he  shall 
send  a  form  of  parochial  report,  and  of  certificate  by  which  the 
appointment  of  Lay  Delegates  is  to  be  certified.  If  the  Parish  or 
Mission  be  vacant,  this  notice  shall  be  sent  to  the  Clerk. 

CANON  IV 

THE  TREASURER 

Section  1.  The  Treasurer  of  the  Diocese  shall  receive  from 
the  Treasurers  of  the  Parishes,  or  from  others  duly  authorized  for 
the  purpose,  all  funds  that  shall  be  raised  and  appropriated  for 
the  general  work  of  the  Church  outside  of  the  Diocese;  and  shall 
forward  regularly  to  the  Treasurer  of  the  National  Council;  or  to 
such  other  officer  as  shall  be  duly  authorized  for  the  purpose,  all 
sums  raised  and  designated  for  the  general  work  of  the  Church 
outside  of  the  Diocese. 

He  shall  receive  all  sums  raised  and  designated,  or  appropri- 
ated to  the  Diocese,  for  the  maintenance  and  extension  of  mission- 


10  CONSTITUTION  AND   CANONS 

ary,  educational,  social,  and  other  work,  within  the  Diocese,  au- 
thorized by  the  Convention,  or  by  the  National  Council,  to  an 
amount  or  amounts  not  to  exceed  the  budget  of  the  Council  fixed 
by  the  Convention. 

He  shall  prepare  and  render  to  the  Executive  Council  an  annu- 
al account  of  all  sums  received  for  the  above  named  purposes,  and 
the  amounts  forwarded  by  him  to  the  National  Council.  Such 
accounting  to  be  incorporated  in  the  annual  report  of  the  Execu- 
tive Council  to  the  Convention. 

Section  2.  He  shall  receive  and  disburse  all  sums  raised  for 
the  purpose  of  covering  the  expenses  and  obligations  of  the  Con- 
vention as  provided  in  the  budget  adopted  by  the  Convention  at 
its  annual  meeting,  and  shall  render  annually  an  account  thereof. 

Section  3.  The  Treasurer  of  the  Diocese  shall  ex-officio  be  en- 
titled to  a  seat  in  the  Convention,  and  to  a  voice  in  the  discussion 
of  all  financial  questions.  He  shall  be  ex-officio  a  member  of  the 
Executive  Council. 

Section  4.  The  Treasurer  is  authorized  and  empowered,  with 
the  approval  of  the  Bishop,  to  appoint  such  assistants  as  may  be 
necessary  for  the  orderly  and  convenient  discharge  of  the  duties 
of  his  office.  He  is  authorized  to  employ  all  necessary  help.  Pro- 
vision shall  be  made  in  the  budget  of  the  Convention  for  the  rea- 
sonable and  necessary  expenses  of  his  office. 

Section  5.  Before  entering  upon  the  discharge  of  his  duties, 
the  Treasurer  shall  file  with  the  Trustees  of  the  Diocese  a  bond, 
executed  to  them  on  behalf  of  the  Diocese  by  some  reliable  guaran- 
tee company,  in  the  sum  of  five  thousand  dollars  ($5,000)  for  the 
faithful  performance  of  duty,  the  cost  of  which  shall  be  paid  by 
the  Diocese;  and  all  moneys,  under  the  charge  of  the  Treasurer, 
belonging  to  the  Diocese,  shall  be  kept  on  deposit  in  the  name  of 
the  Diocese,  subject  to  the  order  of  the  Treasurer  of  the  Diocese, 
with  such  banking  institution  as  may  be  approved  by  the  Trustees^ 

CANON  V 

THE  REGISTRAR 

It  shall  be  the  duty  of  the  Registrar  to  gather  and  preserve 
all  such  journals,  files,  papers,  reports,  catalogues,  and  other  doc- 
uments as  may  be  useful  for  reference,  or  furnish  materials  for 
the  history  of  the  Church  in  the  Diocese  of  Western  North  Caro- 
lina, and  to  hold  the  same  under  such  regulations  and  restrictions 
as  the  Convention  may  from  time  to  time  prescribe. 

CANON  VI 

THE  TRUSTEES 

Section  1.  A  Board  of  five  Trustees  of  the  Diocese,  to  hold 
office  five  years,  shall  be  elected  by  the  Convention,  who  shall  hold 


CONSTITUTION  AND   CANONS  11 

all  property  of  the  Missions  of  the  Diocese,  and  of  such  Parishes 
as  desire  to  have  their  property  held  in  trust  by  the  Board,  and 
who  shall  have  the  care  of  funds,  such  as  those  derived  from  ex- 
tinct Parishes,  and  who  shall  have  care  of  funds  for  the  support 
of  the  Episcopate,  and  of  all  such  as  may  by  gift  or  devise  for  any 
special  purpose  become  the  property  of  the  Diocese. 

Section  2.  At  the  first  election  of  Trustees  of  the  Diocese 
under  this  Canon,  the  whole  number  shall  be  chosen;  but  the  term 
of  one  (to  be  designated  by  the  Board)  shall  expire  each  year,  so 
that  every  year  after  the  first,  one  Trustee  shall  be  elected,  and 
vacancies  shall  be  filled  for  unexpired  terms. 

Section  3.  The  Board  of  Trustees  shall  elect  a  Treasurer,  who 
shall  perform  the  duties  usually  pertaining  to  that  office.  Before 
entering  upon  the  discharge  of  his  duties,  said  Treasurer  shall  file 
with  the  Trustees  a  satisfactory  bond,  executed  to  them  on  behalf 
of  the  Diocese  by  some  reliable  guarantee  company,  in  the  sum  of 
five  thousand  dollars,  for  the  faithful  performance  of  duty,  the 
cost  of  which  bond  shall  be  paid  by  the  Diocese.  The  Board  of 
Trustees  shall  also  appoint  a  Secretary,  who,  if  not  a  member  of 
the  Board,  shall  have  a  seat,  but  not  a  vote,  at  its  meetings. 

Section  4.  The  Bishop  shall  be  ex-officio  a  member  of  the 
Board  of  Trustees,  and,  if  present,  shall  preside  at  all  meetings  of 
the  Board.  The  Bishop  or  any  two  trustees  may  call  meetings  of 
the  Board. 

CANON  VII 

DEPUTIES  TO  THE  GENERAL  CONVENTION,  AND  PROVINCIAL  SYNOD 

Section  1.  At  every  Annual  Convention  next  preceding  a 
meeting  of  the  General  Convention,  four  Presbyters  and  four  Lay- 
men, communicants  of  this  Church  and  residents  in  the  Diocese, 
shall  be  chosen  by  ballot  to  represent  this  Diocese  in  General  Con- 
vention. Immediately  afterwards,  four  other  Presbyters  and  four 
other  Laymen  shall  also  be  chosen  by  ballot,  as  substitutes  for  the 
first  chosen.  Such  representatives  and  substitutes  to  serve  until 
their  successors  are  appointed. 

Section  2.  At  the  Annual  Convention  preceding  any  meeting 
of  the  Synod  of  the  Province  of  Sewanee,  the  Conventoin  shall 
elect  six  Clerical  and  six  Lay  Deputies  to  represent  the  Diocese  in 
the  Synod,  and  also  a  like  number  of  alternate  deputies  of  each 
order.  Such  representatives  and  substitutes  to  serve  until  their 
successors  are  appointed. 

Section  3.  In  case  any  deputy  of  those  first  chosen  shall  de- 
cline such  appointment,  or  be  unable  to  attend,  he  shall  forthwith 
inform  the  Ecclesiastical  Authority  of  the  Diocese,  and  the  said 


12  CONSTITUTION  AND   CANONS 

Ecclesiastical  Authority  shall  thereupon  summon  to  the  General 
Convention  or  Synod,  one  of  the  substitutes,  in  the  order  in  which 
their  names  are  on  the  Journal,  which  order  shall  be  the  order  of 
their  election;  or  when  two  or  more  are  elected  at  one  balloting, 
shall  be  determined  by  the  aggregate  vote  received. 

CANON  VIII 

THE  CONTINGENT   OR  DIOCESAN  EXPENSE   FUND 

Section  1.  Following  each  Annual  Convention  an  assessment 
shall  be  made  promptly  by  the  Council  upon  the  several  Parishes 
and  Missions  in  the  Diocese,  according  to  the  several  abilities  of 
the  Parishes  and  Missions,  of  an  amount  sufficient  to  satisfy  the 
pecuniary  obligations  of  the  Convention,  embracing  all  contingent 
or  Diocesan  expenses. 

Section  2.  It  shall  be  the  duty  of  the  Vestry  of  each  Parish, 
and  of  the  officers  of  each  Mission,  to  provide  for  the  collection  and 
payment  of  such  sums  as  shall  be  assessed  by  the  Convention  as 
aforesaid;  and  the  same  shall  be  transmitted  in  quarterly  install- 
ments to  the  Treasurer  of  the  Diocese. 

Section  3.  The  contingent  expensees  of  the  Diocese  shall 
include  the  following  items: 

1.  Convention  requirement  for  assessment  upon  Parishes  and 
Missions  for  support  of  the  Episcopate. 

2.  Publishing  of  Journal  of  Convention,  and  such  other  docu- 
ments as  may  be  ordered  by  the  Convention. 

3.  The  salary  of  the  Secretary  of  the  Diocese. 

4.  The  salary  of  the  Treasurer  of  the  Diocese. 

5.  Appropriation  towards  the  expenses  of  the  Clerical  Dep- 
uties to  the  General  Convention  and  Provincial  Synod. 

6.  The  necessary  expenses  of  Trustees,  Examining  Chaplains, 
Standing  Committee,  Secretary,  Treasurer,  Registrar,  and  other 
authorized  charges. 

CANON  IX 

new  parishes 

Section  1.  In  order  to  the  formation  of  a  new  Parish,  the 
written  consent  of  the  Ecclesiastical  Authority  of  the  Diocese  must 
first  be  obtained,  and  such  consent  shall  not  be  granted  until  evi- 
dence is  given  of  the  ability  of  the  Parish,  after  organization,  to 
pay  a  salary  of  at  least  $700  per  annum  to  a  Rector. 

Section  2.  For  the  organization  of  a  Parish,  the  following 
Article  of  Association  must  be  signed  by  at  least  twenty  persons 
who  intend  to  be  supporters  of  the  Parish:  "We,  the  undersigned, 
do  associate  ourselves  together  for  the  purpose  of  maintaining  the 


CONSTITUTION  AND   CANONS  13 

worship  of  God,  and  the  preaching  of  the  Gospel,  according  to  the 
doctrine,  discipline,  and  worship  of  the  Protestant  Episcopal 
Church  in  the  United  States  of  America,  under  the  name  of  the 

Parish  of Church,  in  the  town and  county  of 

,  and  State  of  North  Carolina,  and  promise  con- 
formity to  the  Constitution  and  Canon  of  the  General  Convention 
and  of  the  Diocese  of  Western  North  Carolina. 

Section  3.  After  twenty  persons  have  signed  the  Articles  of 
Association,  a  meeting  of  the  same  may  be  called  on  ten  days' 
notice.  At  this  meeting  Vestrymen  shall  be  elected,  a  name  for  the 
Parish  adopted,  land  such  other  steps  taken  as  are  necessary  for 
the  incorporation  of  the  Parish  under  the  laws  of  the  State.  The 
minutes  of  the  meeting  shall  be  recorded  in  a  book  to  be  kept  as  a 
record  of  the  proceedings  of  the  Vestry  and  Parish  meetings,  in 
which  shall  be  recorded  the  Articles  of  Association. 

Section  4.  A  certified  copy  of  the  Articles  of  Association,  and 
a  copy  of  the  minutes  of  the  meeting  for  organizing  the  Parish, 
shall  be  sent  to  the  Bishop  without  delay,  together  with  notice 
that  the  Parish  will  apply  for  admission  into  union  with  the  Con- 
vention. At  a  subsequent  Convention  this  applicant  shall  be  made, 
and  for  this  purpose  certified  copies  of  the  aforesaid  papers  shall 
be  presented. 

Section  5.  Any  Parish  which  shall  deem  its  rights  encreached 
upon,  or  its  prosperity,  or  usefulness  endangered  by  the  proposed 
location  in  its  vicinity  of  a  Church  or  Chapel  of  another  Parish, 
may  present  the  matter  of  the  threatened  intrusion  to  the  Bishop 
of  the  Diocese,  and  ask  his  fatherly  interposition  in  its  behalf.  In 
such  case  the  Bishop  may  call  for,  and  appoint  the  time  and  place 
of,  a  conference  from  the  Parishes  in  interest.  But,  if  such  confer- 
ence, with  the  godly  advice  of  the  Bishop,  shall  not  result  in  an 
amicable  adjustment  of  the  differences  between  the  parties  thereto, 
the  Bishop,  or  either  party  in  the  conflict,  may  lay  the  matter  at 
issue  before  the  Standing  Committee  of  the  Diocese,  and  the  decis- 
ion of  the  Standing  Committee,  with  the  approval  of  the  Bishop, 
shall  be  final. 

CANON  X 

the  vestry 
Section  1.  In  every  Parish  in  the  Diocese,  annually,  on  the 
second  Monday  in  January,  at  an  hour  of  which  public  notice  shall 
have  been  given,  after  prayer,  there  shall  be  help  a  Parish  meeting 
for  the  election  of  a  Vestry  to  consist  of  not  fewer  than  five  nor 
more  than  fifteen  members,  who  shall  continue  in  office  until  their 
successors  are  chosen.    The  Rector  of  the  Parish,  if  present,  shall 


14  CONSTITUTION  AND   CANONS 

preside  at  Parish  meetings.     In  his  absence,  the  order  of  priority 
for  the  presiding  officer  shall  be  ex-officio : 

1.  The  Senior  Warden. 

2.  The  Junior  Warden. 

3.  The  Secretary  of  the  Vestry. 

Should  none  of  the  foregoing  officers  be  present,  the  Parish 
Meeting  may  elect  one  of  its  members  to  preside. 

Section  2.  Should  fewer  than  eighteen  persons  qualified  to 
vote  for  Vestrymen  attend  the  Parish  Meeting,  and  should  the 
Rector  and  one  Warden,  or  the  presiding  officer  and  one-sixth  of 
those  present,  concur  in  believing  that  the  best  interest  of  the  Par- 
ish demands  the  postponement  of  an  election,  then  such  presiding 
officer  shall  declare  the  election  postponed,  and  the  Parish  Meeting 
shall  adjourn  to  a  designated  day  and  hour,  not  fewer  than  seven 
nor  more  than  fourteen  days  after  said  second  Monday  in  January; 
and  public  notice  having  been  given  of  such  adjourned  meeting,  it 
shall  possess  the  powers  and  be  subject  to  the  rules  of  a  regular 
Parish  Meeting. 

Section  3.  With  the  consent  of  the  Bishop  and  the  Standing 
Committee  of  the  Diocese,  Parishes,  which  cannot  hold  a  Parish 
Meeting  at  the  time  specified  in  Section  1  of  this  Canon,  may  hold 
their  Annual  Parish  Meeting  for  the  election  of  a  Vestry  at  a  more 
convenient  time  of  the  year.  Public  notice  of  the  time  and  place  of 
such  meeting  must  be  given  at  least  fourteen  days  before  the  meet- 
ing is  to  be  held. 

Section  4.  The  Vestry  shall,  upon  nomination  of  the  Rector, 
elect  two  of  its  members,  one  as  Senior  Warden  and  the  other  as 
Junior  Warden. 

Section  5.  The  Vestry  shall  elect  a  Secretary,  whose  duty  it 
shall  be  to  take  and  record  the  minutes  of  their  proceedings,  attest 
the  public  acts  of  the  Vestry,  preserve  all  records  and  papers  be- 
longing to  the  Parish,  not  otherwise  provided  for,  perform  such 
other  duties  as  shall  be  legally  assigned  to  him,  and  faithfully  de- 
liver to  his  successor  all  books  and  documents  in  his  possession  be- 
longing to  the  Parish. 

Section  6.  A  Treasurer  shall  also  be  elected,  to  receive,  dis- 
burse and  account  for  the  funds  of  the  Parish. 

Section  7.  In  electing  a  Vestry,  no  person  shall  be  allowed  to 
vote  who  is  not  at  the  time  an  adherent  of  the  Protestant  Episcopal 
Church  and  at  least  twenty-one  years  of  age,  and  who  has  not  for 
at  least  six  months  immediately  preceding  such  election,  by  a  sub- 
scription or  otherwise,  contributed  regularly  to  the  support  of  the 
Parish;  nor  shall  any  person  vote  in  a  Parish  who  is  not  a  bona 
fide  member  of  the  same. 


CONSTITUTION   AND   CANONS  15 

Section  8.  To  be  eligible  as  a  Vestryman,  one  must  be  a  lay- 
man, and  to  be  a  Warden,  one  must  be  a  communicant. 

Section  9.  It  shall  be  the  duty  of  the  Vestry  to  take  charge 
of  the  property  of  the  church,  to  regulate  all  its  temporal  concerns, 
to  elect  and  call  a  minister  in  accordance  with  the  provisions  of 
Canon  pM  and  provide  for  his  maintenance,  to  provide  for  paying 
all  lawful  assessments  on  the  Parish,  to  keep  order  in  the  church 
during  divine  service,  and,  in  general  to  act  as  helpers  to  the  min- 
ister in  whatever  is  appropriate  to  laymen,  for  the  furtherance  of 
the  Gospel ;  it  being  understood,  always,  that  the  spiritual  concerns 
of  the  church  are  under  the  exclusive  direction  of  the  Minister  in 
subordination  to  the  Ecclesiastical  Authority  and  laws  of  the 
Diocese. 

Section  10.  The  order  of  priority  for  the  presiding  officer  at 
Vestry  Meetings  shall  be  the  same  as  is  prescribed  in  Section  one 
of  this  Canon. 

Section  11.  It  shall  be  the  duty  of  the  Wardens,  especially,  to 
provide  the  elements  for  the  Lord's  Supper,  to  collect  the  alms  at 
the  administration  of  the  same,  to  keep  and  disburse  such  alms  in 
case  the  Church  is  destitute  of  a  Minister,  and  while  the  Church  is 
destitute  of  a  Minister,  to  provide  for  the  holding  of  public  wor- 
ship, and  the  instruction  of  the  congregation,  by  occasional  cleri- 
cal services,  or  by  lay-reading,  as  the  circumstances  may  permit. 
Meetings  of  the  Vestry  may  be  called  by  the  Rector,  or,  in  his 
absence,  at  the  request  of  a  majority  of  members,  by  the  Senior 
Warden. 

Section  12.  Vacancies  occurring  in  the  Vestry  during  the 
year,  may  be  filled  by  the  remaining  members.  If  the  Vestry 
should  become  extinct  or  incapacitated  for  action  by  the  death  or 
resignation  of  its  members,  the  Bishop  may  call  a  special  Parish 
Meeting  (giving  due  notice  thereof)  to  elect  a  Vestry  to  serve  till 
the  second  Monday  in  January  next  following;  and,  if  the  Parish 
shall  refuse  or  neglect  to  assemble  and  elect  a  Vestry  as  herein 
provided,  the  Bishop,  with  the  advice  and  consent  of  the  Standing 
Committee  may  appoint  three  Trustees  to  take  charge  of  the  prop- 
erty of  the  Parish,  and  to  exercise  all  the  rights  and  functions  of  a 
Vestry,  until  the  Parish  shall  elect  a  Vestry  under  the  provisions 
of  this  Canon. 

CANON  XI 

vacant  parishes 
The  filling  of  vacancies  shall  be  governed  in  all  particulars  in 
accordance  with  the  provisions  of  Canon  XIX  of  the  General  Con- 
vention. 


16  CONSTITUTION  AND   CANONS 

CANON  XII 

EXTINCT  PARISHES 

Section  1.  Whenever,  in  the  opinion  of  the  Bishop,  a  Parish 
has  failed  in  the  purposes  of  its  organization,  he  may  report  the 
case  to  the  Convention. 

Section  2.  Whenever  the  Bishop  and  the  Standing  Committee 
think  it  advisable  to  call  upon  the  Convention  to  declare  any  Parish 
extinct,  before  a  vote  is  taken,  the  question,  with  all  the  evidence 
tending  to  prove  or  disprove  the  existence  of  the  facts  upon  which 
declaration,  under  the  law,  must  be  founded,  shall  be  referred  to 
the  Committee  on  Canons,  and  a  report  made  by  that  Committee, 
on  a  day  subsequent  to  the  day  of  reference,  recommending  that  the 
action  should,  in  the  opinion  of  the  Committee,  be  taken  by  the  Con- 
vention, accompanied  by  a  written  or  oral  statement  of  the  evi- 
dence placed  before  the  Committee.  And  if  two-thirds  of  the  mem- 
bers present  vote  in  favor  of  declaring  the  Parish  extinct,  said 
Parish  shall  become  and  be  extinct,  and  title  to  all  of  the  property 
shall  at  once  vest  in  the  Trustees  of  the  Diocese. 

CANON  XIII 

PARISH  REGISTERS  AND  REPORTS 

Section  1.  Every  Minister  of  this  Diocese  shall  keep  a  record 
of  all  Families,  Baptisms,  Confirmations,  Marriages  and  Funerals 
within  his  cure,  specifying  the  name,  time,  and  place  of  birth,  par- 
ents and  sponsors  of  each  person  baptized;  the  time  when  persons 
became  communicants  under  his  charge,  and  whether  by  confirma- 
tion, transfer  from  some  other  Parish,  or  otherwise.  This  record 
shall  be  kept  by  the  Minister  in  a  suitable  book,  to  be  called  the 
Parish  Register,  provided  by  and  belonging  to  the  Vestry  of  the 
Parish  which  he  serves,  which  book  shall  be  a  part  of  the  records 
of  the  Parish. 

Section  2.  Every  Minister  shall  on,  or  immediately  after,  the 
first  day  of  January  of  each  year,  present  or  send  to  the  Bishop  or 
to  the  Secretary  of  the  Convention  a  report  of  his  official  acts,  and 
a  statement  of  the  condition  of  the  Parish  or  Mission  under  his 
charge,  according  to  such  forms  as  shall  be  furnished  by  the  Eccle- 
siastical Authority  of  the  Diocese,  covering  the  Year  ending  De- 
cember 31  of  each  year. 

Section  3.  It  shall  be  the  duty  of  each  corporation  in  union 
with  the  Convention  and  of  each  organized  Mission,  to  render,  at 
such  time  and  in  such  manner  as  may  be  required  by  the  Conven- 
tion, a  true  and  faithful  account  of  the  real  estate  and  other  prop- 
erty owned  by  said  Parish  or  Mission,  with  its  fairly  estimated 
value,  and  also  a  statement  of  any  lien  or  encumbrance  on  the 


CONSTITUTION  AND  CANONS  17 

same,  or  any  part  thereof,  and  the  amount  of  interest  paid  in  con- 
sequence of  such  lien  or  encumbrance.  And  further,  it  shall  be  the 
duty  of  each  Parish,  or  Mission,  to  declare  the  full  amount  of  the 
current  expenditure  of  the  Parish  or  Mission,  and  of  all  money 
expended  for  the  same,  in  any  way  accruing  including  salaries  and 
all  other  expenses. 

CANON  XIV 

THE  BISHOP  AND  COUNCIL 

Section  1.  The  Bishop  and  Council,  as  hereinafter  consti- 
tuted, shall  have  charge  of  the  development  and  prosecution  of  the 
work  of  Missions,  Church  Extension,  Educational  work  under  the 
care  of  the  Diocese,  Christian  Social  Service,  and  of  such  other 
work  as  may  be  committed  to  it  by  the  Convention  of  the  Diocese, 
and  shall  administer  and  carry  on  the  same,  subject  however,  to 
the  provisions  of  the  Constitution  and  Canons  of  the  Diocese,  and 
to  the  direction  of  the  Convention.  The  Bishop  shall  be  the  exec- 
utive head  of  all  such  work  and  the  Council  shall  assist  the  Bishop 
in  the  administration  thereof. 

Section  2.  The  Bishop  and  Council  shall  exercise  all  the  pow- 
ers heretofore  exercised  by  the  Board  of  Managers  for  Diocesan 
Missions,  Board  of  Religious  Education,  the  Education  Committee, 
Social  Service  Commission,  and  Finance  Committee,  and  shall  have 
charge  of  the  unification,  development  and  prosecution  of  work 
heretofore  carried  on  by  said  Boards,  Commissions  and  Commit- 
tees, and  also  of  the  initiation  and  development  of  new  work  be- 
tween the  sessions  of  the  Convention. 

Section  3.  The  Bishop  and  Council  (hereinafter  called  the 
Council)  shall  be  composed  of  the  Bishop  and  ten  members  to  be 
elected  annually  by  the  Convention,  of  whom  five  shall  be  Priests 
canonically  resident  and  having  domicile  in  the  Diocese,  and  five 
Laymen  resident  Communicants  of  the  Church  in  the  Diocese. 
The  Bishop  shall  be  President  of  the  Council.  In  the  absence  of  the 
Bishop  the  Council  shall  elect  one  of  its  members  to  preside. 

Section  4.  The  Council  shall  have  power  to  fill  vacancies, 
in  such  elective  membership,  each  member  so  chosen  to  serve  until 
the  expiration  of  the  term  for  which  his  predecessor  in  office  had 
been  elected. 

Section  5.  Regular  bi-monthly  meetings  of  the  Council  shall 
be  fixed  by  the  Council.  Special  meetings  may  be  called  by  its 
President.  A  majority  of  the  members  of  the  Council,  one  of 
whom  may  be  the  Bishop,  shall  constitute  a  quorum. 

Absence  from  three  consecutive  meetings  of  the  Council  with- 
out cause  made  known  to  the  Council  shall  be  equivalent  to  a  res- 
ignation, and  the  Council  shall,  by  election,  fill  the  vacancy. 


18  CONSTITUTION  AND   CANONS 

Section  6.  The  Council  shall  organize,  from  the  membership 
of  the  Council,  the  following  Departments,  and  shall  determine  the 
scope  of  the  work  of  each  Department,  and  provide  the  manner  and 
means  by  which  the  same  shall  be  conducted: 

(1)  Department  of  Missions  and  Church  Extension; 

(2)  Department  of  Religious  Education; 

(3)  Department  of  Christian  Social  Service; 

(4)  Department  of  Finance; 

(5)  Department  of  Publicity; 

and  such  other  Departments  as  from  time  to  time  the  Council  may 
deem  expedient.  Each  Department  shall  have  power  to  appoint, 
subject  to  confirmation  by  the  Council,  additional  members  of  its 
Department,  who  shall  have  seats  and  votes  in  such  Department 
but  not  in  the  Council.  Each  Department  shall  elect  a  Secretary, 
who  shall  keep  a  record  of  its  proceedings  and  acts,  and  shall  re- 
port in  writing  to  each  stated  meeting  of  the  Council  the  work 
done  under  its  direction. 

Section  7.  The  Council  shall  elect  a  Secretary,  who  shall  per- 
form such  duties  as  shall  be  required  of  him  by  the  Council.  The 
Council  shall  fix  his  salary,  if  any,  and  provide  suitable  offices  and 
the  necessary  equipment  for  the  furtherance  of  his  work. 

Section  8.  The  Council  shall  submit  to  each  annual  meeting 
of  the  Convention  a  report  of  the  work  done  under  its  supervision 
for  the  preceeding  year,  and  a  statement  of  the  work  it  proposes 
to  undertake  during  the  ensuing  year.  This  report  shall  be  printed 
and  a  copy  thereof  sent  to  the  Rector  and  Vestry  of  each  Parish 
and  to  each  Archdeacon  and  Missionary  in  the  Diocese,  at  least 
ten  days  prior  to  the  first  day  of  the  Convention. 

Section  9. —  (a)  The  Council  shall,  at  least  ten  days  before 
the  first  day  of  the  annual  meeting  of  the  Convention,  present  to 
the  Secretary  of  the  Convention  for  the  approval  of  and  adoption 
by,  the  Convention,  a  budget  for  all  work  committed  to  it,  and  for 
such  other  work  as  it  may  propose  to  undertake  with  the  approval 
of  the  Convention.  Provision  shall  be  made  in  said  budget  for  the 
reasonable  and  necessary  expenses  of  the  officers  and  members  of 
the  Council.  The  Council  shall  be  charged  with  the  duty  of  raising, 
if  possible,  sums  sufficient  to  meet  its  budget.  The  Council  shall 
have  power  to  expend  all  money  provided  in  its  budget,  adopted  by 
the  Convention  for  the  purpose  therein  specified. 

Upon  approval  of  the  budget  by  the  Convention,  the  Council 
shall  apportion  the  total  amount  thereof  amongst  the  Parishes  and 
Missions  of  the  Diocese,  and  it  shall  be  the  duty  of  every  Parish 
and  Mission  to  pay  to  the  Treasurer  such  annual  apportionment 
in  monthly  installments.  The  collection  of  such  apportionments 
shall  be  looked  after  by  the  Council. 


CONSTITUTION  AND   CANONS  19 

(b)  In  addition  to  the  budget  for  the  work  of  the  Council,  said 
Council  shall  submit  a  separate  budget  covering  the  expenses  and 
obligations  of  the  Convention.  The  amount  of  this  budget,  after 
approval  by  the  Convention,  shall  be  assessed  upon  the  several 
Parishes  and  Missions  of  the  Diocese.  And  it  shall  be  the  duty  of 
each  Parish  and  Mission  to  pay  the  amount  of  its  annual  assess- 
ment to  the  Treasurer  of  the  Diocese  in  quarterly  installments,  and 
all  sums  received  from  such  assessment  shall  be  disbursed  as  di- 
rected by  the  Convention.  It  shall  be  the  duty  of  the  Council  to  as- 
sist the  Treasurer  in  the  collection  of  such  assessments. 

Section  10. — (a)  The  Council  shall,  within  ten  days  after  the 
adjournment  of  the  annual  meeting  of  the  Convention,  file  with  its 
Secretary  a  tentative  apportionment,  and  with  the  Treasurer  of  the 
Diocese  the  assessments  on  the  Parishes  and  Missions  of  the  Dio- 
cese for  the  amounts  to  be  provided  under  each  budget,  finally  ap- 
proved by  the  Convention;  the  Secretary  shall  thereupon  promptly 
mail  a  copy  of  such  tentative  apportionments  and  the  Treasurer 
such  assessments,  to  the  corporate  authorities  of  every  Parish  and 
Mission  in  the  Diocese.  It  shall  be  the  duty  of  the  Council  to  hear 
and  consider  all  objections  against  and  all  petitions  and  requests 
filed  with  it  regarding  the  said  tentative  apportionment  and  assess- 
ment, and  it  shall  have  power  after  due  consideration  to  fix  the 
same  in  such  manner  as  it  shall  deem  fair  and  equitable.  Final 
apportionment  and  assessment  shall  be  made  within  thirty  days 
after  the  adjournment  of  the  Convention. 

(b)  The  apportionments  and  assessments  when  finally  made 
shall  be  certified  by  the  Secretary  of  the  Council  to  the  Treasurer 
of  the  Diocese,  and  the  Treasurer  shall  regularly  charge  the  appor- 
tionments and  assessments  against  the  several  Parishes  and  Mis- 
sions, crediting  them  with  payments  when  made,  and  shall  report 
annually  the  state  of  his  accounts  with  each  Parish  and  Mission, 
which  report  shall  be  entered  on  the  Journal  of  the  Convention. 

Section  11.  The  Council  shall  have  power  to  ask  for  such  re- 
ports and  assessments  from  every  Parish,  Mission,  Church  Edu- 
cational School  or  Institution,  and  Church  Orphanage  or  Home, 
which  is  under  the  control  of  the  Diocese,  as  it  may  deem  neces- 
sary, and  such  reports  and  statements  shall  be  given  when  asked 
for  by  the  Council. 

Section  12.  The  ouncil  shall  have  power  to  continue  the 
work  and  purpose  of  the  Nation  Wide  Campaign,  and  it  shall  take 
over  the  work  of  the  Nation  Wide  Campaign  Committee  of  the 
Diocese. 

Section  13.  All  salaries,  other  than  those  of  the  Bishop  or 
those  fixed  by  the  Convention,  shall  be  fixed  by  the  Council. 


20  CONSTITUTION  AND   CANONS 

Section  14.  It  shall  be  the  duty  of  the  Executive  Council  to 
make  careful  study  of  the  opportunities  for  missionary,  education- 
al, and  Christian  Social  work  within  the  Diocese,  and  to  devise 
ways  and  means  for  the  proper  performance  of  such  work.  It  shall 
be  the  duty  of  the  Executive  Council  to  give  general  supervision 
of  Diocesan  or  Mission  Schools. 

Section  15.  All  Missionaries  and  Archdeacons  within  the  Dic- 
cese  shall  be  appointed  by  the  Bishop,  but  their  stipends  shall  be 
fixed  by  the  Council.  The  Bishop  may  suspend  or  remove  them  for 
cause  satisfactory  to  himself,  which  cause  shall  be  reported  to  the 
Council  at  its  next  meeting.  The  Bishop,  with  the  concurrence  of 
the  Council,  shall  assign  all  Missionaries  to  their  respective  fields. 

Section  16.  No  Missionary,  Archdeacon,  Principal  or  Teacher 
in  any  Educational  Institution,  or  any  other  person  whose  salary  or 
stipend  is  fixed  by  the  Council,  or  who  is  employed  by  the  Council, 
shall  incur  any  pecuniary  liability  whatsoever  in  carrying  on  his  or 
her  work  which  shall  be  a  charge  against  the  Diocese,  or  the  Coun- 
cil, or  the  property  of  any  Parish,  Mission,  School  or  Institution, 
save  and  except  on  the  written  authority  of  the  ouncil. 

Section  17.  The  Council  shall  meet  and  organize  within  ten 
days  after  each  annual  meeting  of  the  Convention,  and  shall  enter 
immediately  upon  the  duties  imposed  upon  it  by  Canon  or  by  the 
Convention.  . 

CANON  XV 

ORGANIZED  MISSIONS 

Section  1.  A  Mission  Station,  when  adopted  by  the  Ecclesi- 
astical Authority  and  the  Council,  shall  be  duly  organized  by  the 
appointment  of  a  Missionary,  who,  with  the  consent  and  by  the 
authority  of  the  Council  shall  appoint  a  Warden,  a  Clerk,  and  a 
Treasurer  of  the  Mission,  charged  with  its  temporal  interests, 
which  officers  shall  be  reported  by  the  Missionary-in-charge  to  the 
Council  at  its  first  meeting  after  the  appointment,  and  the  organ- 
ization of  the  Mission  shall  date  therefrom. 

Section  2.  Application  for  organization  shall  be  made  in  the 
first  instance  to  the  Bishop  in  the  following  form: 

Rt.  Rev.  and  Dear  Sir: — We,  the  undersigned,  residents  of 
,  county  of ,  Diocese  of  Western  North  Car- 
olina, having  built  or  secured  a  place  of  worship,  and  being  desir- 
ous of  obtaining  the  services  of  the  Protestant  Episcopal  Church, 
and  being  ready,  according  to  our  ability,  to  sustain  the  same,  do 
hereby  request  you  to  inquire  into  our  state,  and  provide  for  us  as 
you  may  deem  proper  and  expedient.  We  do  hereby  declare  our- 
selves, individually  and  collectively,  ready  to  do  what  in  us  lies  to 


CONSTITUTION  AND   CANONS  21 

establish  and  sustain  the  regular  work  of  the  said  Church,  and 
promote  its  influence  in  our  neighborhood;  and  we  promise  con- 
formity to  its  doctrines,  discipline,  liturgy,  rites,  and  usages.  We 
put  ourselves  under  your  charge,  and  will  reverently  obey  your 
authority.  We  promise  conformity  to  the  Constitution  and  Canons 
of  the  General  Convention,  and  of  the  Diocese  of  Western  North 
Carolina.  In  accordance  with  these  obligations,  we  now  ask  the 
privilege  of  being  organized  as  a  Mission,  under  the  name  of 


Section  3.  All  property  of  a  Mission  Station  shall  be  vested 
in  the  Board  of  Trustees  of  the  Diocese. 

Section  4.  It  shall  be  the  duty  of  every  Mission  duly  organ- 
ized and  of  every  Parish,  which  is  aided  by  the  Council,  to  pledge 
and  to  pay  an  annual  sum,  satisfactory  to  the  Council,  into  its 
treasury  in  quarterly  payments. 

CANON  XVI 

CONVOCATIONS 

Section  1.  The  Diocese  shall  be  divided  by  the  Bishop  into 
Convocations,  not  more  than  three  in  number,  and  the  Clergy  with- 
in the  several  Convocations  with  laity  appointed  by  the  Rectors 
and  Ministers-in-charge  from  their  Parishes  and  Missions,  shall 
meet  at  such  time  and  place  as  each  Convocation  may  determine, 
or  at  the  call  of  the  Bishop  or  Dean  of  the  Convocation. 

Section  2.  The  officers  of  the  Convocation  shall  be  Dean, 
Secretary  and  Treasurer,  who  shall  be  elected  annually  by  the 
Convention;  the  Dean  shall  be  qualified  for  office  when  his  appoint- 
ment is  approved  by  the  Bishop. 

Section  3.  The  Dean  shall  preside  at  all  meetings  of  the  Con- 
vocation, and  shall  superintend  so  much  of  the  work  of  the  Convo- 
cation as  the  Bishop  may  commit  to  his  charge. 

Section  4.  The  objects  of  the  Convocation  shall  be:  To  devise 
plans  for  the  extension  of  the  Church  within  the  limits  of  the  Con- 
vocation; to  afford  an  opportunity  for  the  Clergy  and  the  laity  to 
come  together  for  conference;  to  hold  public  services  for  discus- 
sions or  religious  topics  of  general  interest. 

Section  5.  Each  Convocation  shall  make  an  annual  report 
through  its  Dean,  to  the  Convention. 

CANON  XVII. 

LAY  READERS. 

No  one  shall  be  considered  as  authorized  to  officiate  as  Lay 
Reader  in  this  Diocese,  except  in  case  of  particular  emergency, 
without  a  written  license  from  the  Ecclesiastical  Authority  of  the 


22  CONSTITUTION  AND   CANONS 

Diocese,  and  Lay  Readers  shall  in  all  cases  conform  to  the  pro- 
visions of  Canon  25  of  the  General  Convention. 

CANON  XVIII 

THE  TRIAL  OF  A  PRESBYTER  OR  DEACON 

Section  1.  Whenever  any  Presbyter  or  Deacon  of  the  Diocese 
shall  be  thought  to  be  guilty  of  any  misconduct,  for  which,  accord- 
ing to  Canon  26,  of  the  General  Convention,  he  is  liable  to  be  tried, 
application  may  be  made  in  writing  with  the  name  of  everyone 
engaged  in  the  application  subscribed,  to  the  Standing  Committee, 
and,  if  it  appear  to  them  that  the  evidence  is  sufficient  to  demand 
a  trial,  they  shall  forthwith  present  the  Clergyman  to  the  Bishop, 
accordingly;  the  presentment  shall  be  made  in  writing,  signed  by 
a  majority  of  the  Standing  Committee,  and  specify  with  as  much 
accuracy  as  possible,  the  offence  or  offences,  with  particulars  of 
time,  place  and  circumstances;  and  every  Clergyman  in  this  Dio- 
cese, may,  for  himself,  request  of  the  Standing  Committee,  the 
inquiry  provided  for  in  this  section,  in  which  case  it  shall  be  insti- 
tuted, and  shall  proceed  according  to  the  provisions  of  this  Canon. 

Section  2.  There  shall  be  elected  triennially,  by  ballot,  by  the 
Convention,  from  the  Presbyters  entitled  to  seats,  not  members  of 
the  Standing  Committee,  five,  who  shall  be  a  Court  for  the  trial  of 
Presbyters  or  Deacons.  No  ballot  shall  have  more  than  three 
names  thereon,  and  the  five  having  the  largest  number  of  votes 
shall  be  the  Court.  Vacancies  may  be  filled  by  the  Standing  Com- 
mittee, subject  to  the  approval  of  the  next  Convention,  by  a  vote 
of  three-fourths  of  the  members  present.  The  member  of  the 
Court  of  longest  continuous  canonical  residence  in  the  Diocese 
shall  be  its  President. 

Section  3.  Said  members  of  said  Court,  chosen  as  aforesaid, 
shall,  for  each  and  every  trial  and  case  that  may  be  brought  be- 
fore them,  appoint  some  person  learned  in  law  who  is  a  communi- 
cant of  this  Church  and  a  citizen  of  North  Carolina,  their  legal 
adviser,  who  shall  sit  with  them  on  such  trial  case,  and  shall  ad- 
vise said  Court  upon  all  questions  of  law,  both  civil  and  ecclesi- 
astical, and  as  to  all  rules  and  forms  of  procedure.  Said  legal  ad- 
viser may  preside  at  the  request  of  the  Court,  or  the  Court  may 
at  its  option  elect  any  one  of  its  members  to  preside  during  the 
trial.  Before  entering  upon  the  trial  of  any  Minister  who  shall 
have  been  duly  presented  for  trial  under  this  Canon,  or  pending 
any  such  trial,  and  with  the  approval,  in  all  cases,  of  the  Bishop  of 
the  Diocese,  said  Court  shall  be  authorized  as  a  Court  of  Concilia- 
tion to  adjust  and  dispose  of  the  matter  so  presented  amicably,  and 
without  any  public  trial,  in  case,  in  their  judgment,  it  shall  be  ad- 
visible  to  do  so,  and  with  the  approval  of  the  Bishop,  as  aforesaid. 


CONSTITUTION  AND   CANONS  23 

And  in  case  of  such  amicable  adjustment,  a  certificate  thereof, 
signed  by  the  President  of  the  Court,  approved  by  the  Bishop, 
shall  be  sent  to  the  Standing  Committee. 

Section  4.  A  written  notice  of  the  time  and  place  of  the  first 
meeting  of  the  Court  for  any  trial,  with  a  copy  of  the  presentment, 
shall  be  served  at  least  thirty  days  before  such  meeting,  on  the 
accused ;  and  also  notice  of  time  and  place  of  meeting  on  the  Stand- 
ing Committee;  who,  by  their  President,  or  one  of  their  members 
whom  they  may  appoint  for  the  purpose,  shall  prosecute  the  case, 
and  present  such  oral  or  documentary  evidence  to  substantiate 
the  accusation,  as  they  may  be  able  to  obtain. 

Section  5.  If,  at  the  time  of  the  first  meeting  of  the  Court, 
the  whole  number  be  not  present,  then  those  present  may  adjourn 
from  time  to  time;  and  shall  appear  that  the  whole  number 
will  attend  within  a  reasonable  time,  those  who  do  attend,  not  be- 
ing fewer  than  three,  shall  proceed  to  trial  and  a  majority  shall 
decide  all  questions;  but  a  majority  of  the  whole  Court  shall  be 
required  to  render  final  judgment. 

Section  6.  If  a  Clergyman  shall,  before  the  Court  meets,  con- 
fess the  truth  of  the  facts  of  which  he  is  accused,  the  Bishop  may 
immediately  proceed  to  pass  sentence;  otherwise  the  accused  shall 
be  considered  as  pleading  not  guilty. 

Section  7.  In  case  a  Clergyman  presented  and  notified  as 
above  directed  shall  not  appear  before  the  Court  appointed  for  his 
trial,  the  Court  may  proceed  as  if  he  were  present;  unless  they 
shall  see  fit  to  adjourn  till  another  day.  And  if  the  accused  shall 
neglect  or  refuse  to  appear  before  the  Court,  after  due  present- 
ment and  notification,  and  no  sufficient  reason  for  such  neglect  or 
refusal  be  given,  the  Court  shall  report  him  to  the  Bishop  for 
contumacy,  and  sentence  of  suspension  from  the  Ministry  shall 
pass  against  him  accordingly;  but  the  sentence  may  be  reversed  by 
the  Bishop,  if,  within  three  calendar  months,  the  accused  shall 
tender  himself  ready,  and  accordingly  appear  and  receive  his  trial; 
but,  if  he  shall  not  so  tender  himself,  the  Bishop,  in  view  of  the  acts 
alleged  in  the  presentment,  shall  proceed,  if  he  thinks  proper,  to 
pronounce  sentence  of  degradation  fro  mthe  Ministry. 

Section  8.  The  Court  shall  choose  a  Secretary,  who  shall  be 
from  their  own  number,  or  otherwise,  as  they  determine,  and 
before  proceeding  to  trial,  they  shall  adopt  and  declare  the  rules 
by  which  the  trial  shall  be  conducted ;  provided,  however,  that  both 
parties  may  employ  and  be  represented  in  such  trial  by  counsel, 
not  exceeding  two  for  each,  who  shall  be  communicants  of  this 
Church,  and  citizens  of  North  Carolina. 


24  CONSTITUTION  AND   CANONS 

Section  9.  When  the  Court  proceed  to  trial,  they  shall  hear 
such  evidence  as  may  be  produced;  and  all  oral  evidence  shall  be 
reduced  to  writing  by  the  Secretary  and  signed  by  the  witnesses 
respectively;  and  some  officer,  authorized  by  the  law  to  administer 
oaths,  may,  at  the  desire  of  either  party,  be  requested  to  administer 
an  oath  or  affirmation  to  the  witnesses;  and  the  examination  of  the 
witnesses  and  all  the  proceedings  of  the  trial  shall  be  in  public,  if 
desired  by  the  accused. 

Section  10.  Any  Presbyter  who  shall,  without  sufficient  ex- 
cuse, refuse  or  neglect  to  act  as  Trier  or  Church  Advocate,  or  any 
clerical  or  lay  communicant  who  shall,  without  sufficient  excuse, 
refuse  or  neglect  to  testify  as  a  witness  when  duly  appointed  or 
summoned,  under  the  Canon,  shall  be  regarded  and  may  be  dealt 
with  as  any  other  violator  of  the  laws  of  the  Church. 

Section  11.  Application  being  made  to  the  Bishop  by  either 
party  setting  forth,  satisfactorily,  that  any  material  witness  can- 
not be  procured  upon  the  trial,  the  Bishop  may  appoint  some  Cler- 
gyman or  layman  to  act  as  a  Commissioner  to  take  the  testimony 
of  such  witness;  and  the  party  applying  as  above  shall  give  to  the 
other  party  at  least  five  days'  notice  of  the  time  and  place  of  taking 
the  testimony;  or  such  longer  notice  as  the  Bishop  may,  in  writ- 
ing, direct.  And  both  parties  may  attend  and  examine  the  witness, 
and  the  questions  and  answers  shall  all  be  reduced  to  writing,  and 
signed  by  the  witness,  and  shall  be  certified  by  the  Commissioner, 
and  enclosed  under  his  seal,  and  transmitted  to  the  Court,  and  re- 
ceived by  them  as  evidence.  A  witness  examined  before  such  a 
Commissioner  may  be  sworn  or  affirmed  in  manner  aforesaid. 

Section  12.  The  Court,  after  considering  the  evidence,  shall 
declare,  in  a  writing  signed  by  them,  or  a  majority  of  them,  their 
decision  on  the  charges  contained  in  the  presentment,  distinctly 
stating  whether  they  find  the  accused  guilty  or  not  guilty  of  such 
charges,  respectively;  which  decision,  together  with  the  evidence 
and  an  attested  record  of  all  the  proceedings,  shall  be  delivered  to 
the  Bishop,  accompanied  by  an  opinion  of  the  Court  as  to  what 
sentence  should  be  pronounced;  whereupon  the  Bishop  shall  pro- 
nounce such  sentence  as  shall  appear  to  him  to  be  proper;  pro- 
vided the  same  do  not  exceed  in  severity  the  sentence  recommended 
by  the  Court,  and  such  sentence  shall  be  final.  But  the  Bishop,  if 
satisfied  that  justice  require  it,  may  give  a  new  trial  to  the  accused, 
in  which  case  the  proceedings  shall  be  conducted  as  before  pro- 
vided. 

Section  13.  If  the  Bishop  of  the  Diocese  be  connected  by 
consanguinity  or  affinity  with  the  party  accused,  he  may  request 
some  other  Bishop,  from  one  of  the  adjoining  dioceses,  who  is  not 


CONSTITUTION  AND   CANONS  25 

connected  by  consanguinity  of  affinity  with  the  party  accused,  to 
express  his  judgment  on  the  decision  of  the  Court,  to  which  judg- 
ment the  Bishop  of  the  Diocese  shall  conform  in  passing  sentence 
or  granting  a  new  trial.  And  if  the  Diocese  be  vacant,  the  mem- 
bers of  the  Standing  Committee  shall  request  the  services  of  such 
Bishop  as  they  may  find  most  convenient,  for  the  performance  of 
all  such  acts  as  are,  by  this  Canon,  required  to  be  done  by  the 
Bishop  of  the  Diocese. 

CANON  XIX 

THE  DISSOLUTION  OF  THE  PASTORAL  RELATIONS 

All  differences  between  Ministers  and  their  congregations 
shall  be  determined  according  to  the  provisions  of  Canon  41  of  the 
General  Convention. 

CANON  XX 

REGULATIONS  RESPECTING  THE  LAITY 

All  regulations  respecting  the  removal  and  repulsion  of  com- 
municants shall  be  in  accordance  with  the  provisions  of  Canon  43 
of  the  General  Convention. 

CANON  XXI 

THE  SUSPENSION  OF  A  PARISH 

Section  1.  Among  the  causes  for  which  a  Parish  may  be 
dealt  with  under  Article  IX  of  the  Constitution,  are  the  following : 

1.  Employing  a  Clergyman  under  Ecclesiastical  censure. 

2.  Permitting  a  Church  edifice  to  be  used  for  purposes  incom- 
patible with  its  consecration. 

3.  Failure  to  pay  reasonable  assessments. 

4.  A  failure  to  report  its  true  financial  condition  when  called 
for. 

5.  Any  persistent  course  inconsistent  with  the  doctrine,  dis- 
cipline or  worship  of  this  Church. 

Section  2.  No  Parish  shall  have  its  connection  with  the  Dio- 
cese wholly  dissolved  under  Article  IX  of  the  Constitution,  until 
the  alleged  delinquency  shall  have  been  carefully  investigated  by 
a  committee  of  Laymen,  after  due  notice  to  the  Parish.  The  action 
of  the  Convention  shall  be  upon  the  report  of  such  committee. 

CANON  XXII 

THE   SOLEMNIZATION   OF   MATRIMONY 

In  the  solemnization  of  matrimony,  Ministers  shall  be  gov- 
erned by  the  provisions  of  Canon  42  of  the  General  Convention. 


26  CONSTITUTION  AND   CANONS 

CANON  XXIII. 

THE  CHURCH  PENSION  FUND 

Section  1.  In  conformity  with  the  legislation  adopted  by  the 
General  Convention  of  1913,  setting  forth  the  principles  upon 
which  a  pension  system  for  the  Clergy  of  the  Church  and  their 
dependents  should  be  constructed,  pursuant  to  which  the  corpora- 
tion, The  Church  Pension  Fund,  has  been  created  to  carry  these 
principles  into  effect,  the  Diocese  of  Western  North  Carolina 
adopts  the  system  of  the  Church  Pension  Fund. 

Section  2.  The  Bishop  shall  appoint,  annually,  a  committee 
on  the  Church  Pension  Fund,  to  consist  of  two  clergymen  and 
three  laymen.    The  duties  of  the  committee  shall  be  as  follows. 

1.  To  furnish  annually  to  the  Church  Pension  Fund  a  list  of 
the  clergy  canonically  resident  in  the  Diocese,  and  of  the  clergy 
canonically  resident  in  other  Dioceses  or  Missionary  Districts 
licensed  to  officiate  in  this  Diocese,  with  a  statement  of  the  stipends 
received  by  each  of  said  clergymen  from  any  Parish  or  Mission  in 
this  Diocese  or  other  organization  in  this  Diocese  which  either  is 
subject  to  this  Convention,  or  being  engaged  in  religious  or  char- 
itable work  as  a  Church  institution  elects  to  come  into  the  Church 
Pension  Fund. 

2.  To  receive  from  the  Church  Pension  Fund  annually  a 
statement  of  the  premiums  necessary  to  be  paid  by  each  of  said 
Parishes,  Missions,  or  other  organizations  in  order  that  the  clergy- 
men in  receipt  of  stipends  from  them  may  be  entitled  respectively 
to  pensions. 

3.  To  inform  the  authorities  of  each  of  the  said  Parishes, 
Missions  and  other  organizations  of  the  premiums  payable  by  them, 
and  of  the  time  and  manner  of  payment  thereof. 

4.  To  elect  a  Treasurer  who  may  or  may  not  be  a  member  of 
the  said  committee,  who  shall  be  required  to  give  a  bond  satisfac- 
tory to  the  committee,  and  whose  duty  it  shall  be  to  receive  from 
all  of  the  Parishes,  Missions  and  other  organizations,  the  afore- 
said premiums  and  to  transmit  the  same  to  the  Treasurer  of  the 
Church  Pension  Fund. 

5.  To  inform  the  Church  Pension  Fund  from  time  to  time  of 
the  clergy  and  the  widows  and  minor  orphans  of  clergy,  who  may 
be  entitled  in  respect  of  this  Diocese  to  receive  pensions  from  the 
Church  Pension  Fund. 

6.  In  general,  to  inform  the  clergy  and  laity  of  the  Diocese 
of  the  pension  system  created  by  the  General  Convention,  and  com- 
mitted to  it  by  the  operation  of  the  Church  Pension  Fund,  whereby 
the  clergy  of  the  Church  are  assured  of  pensions,  as  of  right  to 
themselves  in  the  event  of  old  age,  or  disability,  and  in  the  event 


CONSTITUTION  AND  CANONS  27 

of  death,  to  their  widows  and  minor  orphans,  and  to  do  all  things 
that  may  be  necessary  or  advisable  in  the  premises  to  the  end  that 
the  moneys  necessary  to  be  paid  by  the  Parishes,  Missions,  and 
other  ecclesiastical  organizations  may  be  fully  and  systematically 
paid. 

Section  3. — (1)  It  shall  be  the  duty  of  the  Treasurer  of  the 
Diocese  to  pay  to  the  Committee  on  the  Church  Pension  Fund  the 
premiums  payable  on  behalf  of  the  Bishop  of  the  Diocese,  and  also 
of  the  Coadjutor  Bishop  and  the  Bishop  Suffragan,  if  there  be  such. 

(2)  It  shall  also  be  the  duty  of  the  Bishop  and  Council  to  pay 
to  the  Committee  of  the  Church  Pension  Fund  the  premiums  pay- 
able on  account  of  all  stipends  received  by  the  clergymen  from  said 
Board. 

(3)  It  shall  be  the  duty  of  the  Committee  on  Diocesan  Fi- 
nances to  authorize  the  Treasurer  of  the  Convention  to  pay,  annu- 
ally to  the  said  Committee  on  the  Church  Pension  Fund,  the  prem- 
iums payable  on  account  of  all  stipends  paid  by  the  Diocese  to  cler- 
gymen other  than  those  specified  in  the  two  preceeding  clauses, 
and  to  make  all  necessary  arrangements  to  provide  for  the  cost  of 
such  premiums. 

Section  4.  It  shall  be  the  duty  of  every  clergyman  as  afore- 
said receiving  a  stipend  or  stipends,  and  the  duty  of  every  Parish, 
Mission  or  other  organization  as  aforesaid  paying  a  stipend  or  sti- 
pends, to  furnish  a  statement  of  such  stipend  or  stipends  to  the 
Committee  on  the  Church  Pension  Fund  whenever  said  Committee 
shall,  in  writing,  ask  for  such  statement. 

CANON  XXIV. 

ALTERATIONS  IN  THE  CANONS 

Section  1.  No  proposition  to  alter  or  add  to  the  Canons  of  the 
Diocese  shall  be  considered  by  the  Convention,  except  at  a  stated 
meeting  and  after  one  day's  notice  of  the  proposed  alteration,  given 
in  open  Convention;  nor  (unless  by  unanimous  consent)  until  it 
shall  have  been  reported  on  by  the  Committee  on  Canons  of  the 
Diocese. 


28  CONSTITUTION  AND  CANONS 


CANONS  OF  THE  GENERAL  CONVENTION  REFERRED  TO 

IN  THE  CANONS  OF  THE  DIOCESE  OF  WESTERN 

NORTH  CAROLINA 


CANON  19 

THE  FILLING  OF  VACANT  CURES 

§  1.  When  a  Parish  or  Congregation  becomes  vacant,  the  Church 
Wardens  or  other  proper  officers,  shall  notify  the  fact  to  the  Bish- 
op. If  the  authorities  of  the  Parish  shall  for  thirty  days  have 
failed  to  make  provision  for  the  services,  it  shall  be  the  duty  of 
the  Bishop  to  take  such  measures  as  he  may  deem  expedient  for 
the  temporary  maintenance  of  Divine  services  therein. 

§  II.  No  election  of  a  Rector  shall  be  had  until  the  name  of  the 
Clergyman  whom  it  is  proposed  to  elect  has  been  made  known  to 
the  Bishop,  if  there  be  one,  and  sufficient  time,  not  exceeding  thirty 
days,  has  been  given  to  him  to  communicate  with  the  Vestry  there- 
on. 

§  III.  Written  notice  of  the  election,  signed  by  the  Church  War- 
dens, shall  be  sent  to  the  Ecclesiastical  Authority  of  the  Diocese. 
If  the  Ecclesiastical  Authority  be  satisfied  that  the  person  so  chos- 
en is  a  duly  qualified  Minister,  and  that  he  has  accepted  the  office, 
the  notice  shall  be  sent  to  the  Secretary  of  the  Convention,  who 
shall  record  it.  And  such  record  shall  be  sufficient  evidence  of  the 
relation  between  the  Minister  and  the  Parish. 

§  IV.  A  Minister  is  settled  for  all  purposes  here  or  elsewere 
mentioned  in  these  Canons,  who  has  been  engaged  permanently  by 
any  Parish  according  to  the  rules  of  this  Diocese,  or  for  any  term 
not  less  than  one  year. 

§V.  In  case  of  an  election  of  an  assistant  Minister,  a  certificate 
from  the  Rector  and  Wardens  shall  be  sent  to  the  Bishop. 

CANON  25 

LAY  LEADERS 

§1.  A  competent  person  ready  and  desirous  to  serve  the  Church 
in  the  public  services  statedly  as  a  Lay  Reader,  must  procure 
from  the  Bishop  or  Ecclesiastical  Authority  of  the  Diocese  or  Mis- 
sionary District  a  written  license.  Such  license  shall  not  be 
granted  to  any  but  a  male  communicant  of  this  Church,  and  must 


CONSTITUTION  AND   CANONS  29 

be  given  for  a  definite  period,  not  longer  than  one  year,  but  may  be 
renewed  from  time  ti  time,  or  revoked  at  any  time.  Such  license 
may  be  given  for  any  vacant  Parish  or  Mission,  or  for  a  congrega- 
tion without  a  minister,  but  where  a  Presbyter  is  in  charge,  his 
request  and  recommendation  must  have  been  previously  signified 
to  the  Ecclesiastical  Authority.  A  license  shall  not  be  granted  for 
conducting  the  service  in  a  congregation  without  a  Minister,  which 
is  able  and  has  had  reasonable  opportunity  to  secure  the  services 
of  an  ordained  Minister.  If  the  Lay  Reader  be  a  student  in  any 
Theological  Seminary,  he  shall  also,  before  acting  as  such,  obtain 
the  permission  of  the  presiding  officer  of  such  institution  and  of 
his  own  Bishop. 

§11.  A  Lay  Reader  shall  be  subject  to  the  regulations  prescribed 
by  the  Ecclesiastical  Authority,  and  shall  not  serve  in  any  Diocese 
other  than  that  in  which  he  is  licensed,  unless  he  shall  have 
received  a  license  from  the  Bishop  of  the  Diocese  in  which  he 
desires  to  serve. 

§  III.  In  all  matters  relating  to  the  conduct  of  the  service,  and 
to  the  Sermons  or  Homilies  to  be  read,  he  shall  conform  to  the 
direction  of  the  Minister  in  charge  of  the  Parish,  congregation,  or 
Mission  in  which  he  is  serving,  and,  in  all  cases,  to  the  directions 
of  the  Bishop.  He  shall  read  only  the  Morning  and  Evening 
Prayer  (omitting  the  Absolution),  the  Litany,  and  the  office  for  the 
Burial  of  the  Dead.  He  shall  not  deliver  sermons  or  addresses  of 
his  own  composition,  unless,  after  instruction  and  examination,  he 
be  specially  licensed  thereto  for  urgent  needs  by  the  Bishop.  He 
shall  not  wear  the  dress  appropriate  to  Clergymen  ministering  in 
the  congregation. 

CANON  41 

THE  DISSOLUTION  OF  THE  PASTORAL  RELATIONS 

§  I.  A  Rector  may  not  resign  his  Parish  without  the  consent  of 
said  Parish,  or  its  Vestry,  or  its  Trustees,  whichever  may  be 
authorized  to  act  in  the  premises,  nor  may  any  Rector  or  Minister 
canonically  or  lawfully  elected  in  charge  of  any  Parish  be  romoved 
therefrom  by  said  Parish,  Vestry,  or  Trustees,  against  his  will, 
except  as  hereinafter  provided. 

§11.  If  for  any  urgent  reason  a  Rector  or  Minister  as  aforesaid, 
or  the  Parish  committed  to  his  charge,  its  Vestry  or  Trustees,  shall 
desire  a  separation  or  dissolution  of  the  pastoral  relation,  and  the 
parties  be  not  agreed  respecting  such  separation  and  dissolution, 
notice  in  writing  may  be  given  by  either  party  to  the  Ecclesiastical 
Authority  of  the  Diocese  or  Missionary  District.  The  Bishop,  in 
case  the  difference  be  not  settled  by  his  godly  judgment,  or  if  he 


30  CONSTITUTION  AND   CANONS 

decline  to  consider  the  case  without  counsel,  may  ask  the  advice 
and  consent  of  the  Standing  Committee  of  the  Diocese  or  of  the 
Council  of  Advice  of  the  Missionary  District,  and,  proceeding  with 
its  aid  and  counsel,  shall  be  the  ultimate  arbiter  and  judge.  If  the 
Diocese  or  Missionary  District  be  vacant,  the  Ecclesiastical  Au- 
thority shall  select  a  Bishop  of  an  adjacent  Diocese  or  Missionary 
District  to  act  as  the  Bishop,  and  with  like  force  and  affect.  The 
judgment  shall  be  either  that  the  pastoral  relation  between  the 
parties  shall  cease  and  determine  at  a  time  and  upon  terms  therein 
specified,  or  that  the  said  relation  shall  not  be  terminated;  and  it 
shall  be  the  duty  of  both  parties  to  submit  to  and  abide  by  such 
judgment,  the  penalty  for  such  refusal  and  the  further  proceedings 
in  the  case  shall  be  those  provided  by  the  Constitution  and  Canons 
of  the  Diocese  or  Missionary  District  in  which  such  Parish  is 
situated. 

§  III.  In  case  of  the  regular  and  canonical  dissolution  of  the  con- 
nection between  a  Rector  or  Minister  and  his  Parish,  under  this 
Canon,  the  Ecclesiastical  Authority  shall  direct  the  Secretary  of 
the  Convention  to  record  the  same. 

§  IV.  This  Canon  shall  not  apply  in  any  Diocese  or  Missionary 
District  which  has  made,  or  shall  hereafter  make,  provision  by 
Canon  upon  this  subject,  nor  in  contravention  of  any  right  of  any 
Rector,  Minister,  Parish,  Congregation  or  Vestry  under  the  law  of 
the  Civil  Authority. 

CANON  42 

THE   SOLEMNIZATION    OF   MATRIMONY 

§  I.  Ministers  of  this  Church  shall  be  careful  to  secure  the  ob- 
servance of  the  law  of  the  State  governing  the  civil  contract  of 
marriage  in  the  place  where  the  service  shall  be  performed. 

§  II.  [i]  No  Minister  shall  solemnize  a  marriage  except  in  the 
presence  of  at  least  two  witnesses. 

[ii]  Every  Minister  shall  without  delay  formally  record  in  the 
proper  register  the  name,  age,  and  residence  of  each  party.  Such 
record  shall  be  signed  by  the  Minister  who  solemnizes  the  mar- 
raige,  and,  if  practicable,  by  the  married  parties,  and  by  at  least 
two  witnesses  of  the  marriage. 

[iii]  No  Minister,  knowingly  after  due  inquiry,  shall  solemnize 
the  marriage  of  any  person  who  has  been  or  is  the  husband  or  wife 
of  any  other  person  then  living,  from  whom  he  or  she  has  been 
divorced  for  any  cause  arising  after  marriage.  But  this  Canon 
shall  not  be  held  to  apply  to  the  innocent  party  in  a  divorce  for 
adultery;  Provided,  that  before  the  application  for  such  re-mar- 
riage a  period  of  not  less  than  one  year  shall  have  elapsed,  after 


CONSTITUTION  AND   CANONS  31 

the  granting  of  such  divorce;  and  that  satisfactory  evidence. touch- 
ing the  facts  in  the  case,  including  a  copy  of  the  Court's  Decree, 
and  Eecord,  if  practicable,  with  proof  that  the  defendant  was  per- 
sonally served  or  appeared  in  the  action,  be  laid  before  the  Eccle- 
siastical Authority,  and  such  Ecclesiastical  Authority,  having 
taken  legal  advice  thereon,  shall  have  declared  in  writing  that  in 
his  judgment  the  case  of  the  applicant  conforms  to  the  require- 
ments of  this  Canon;  and  Provided,  further,  that  it  shall  be  within 
the  discretion  of  any  Minister  to  decline  to  solemnize  any  mar- 
riage. 

§  III.  If  any  minister  of  this  Church  shall  have  reasonable 
cause  to  doubt  whether  a  person  desirous  of  being  admitted  to  Holy 
Baptism,  or  to  Confirmation,  or  to  the  Holy  Communion,  has  been 
married  otherwise  than  as  the  Word  of  God  and  discipline  of  this 
Church  allow,  such  Minister,  before  receiving  such  person  to  these 
ordinances,  shall  refer  the  case  to  the  Bishop  for  his  godly  judg- 
ment thereupon;  Provided,  however,  That  no  Minister  shall  in  any 
case  refuse  these  ordinances  to  a  penitent  person  in  imminent 
danger  of  death. 

CANON  43 

REGULATIONS  RESPECTING  THE  LAITY 

§  I.  [i]  A  communicant  in  good  standing,  removing  from  one 
Parish  or  Congregation  to  another,  shall  be  entitled  to  receive  and 
shall  procure  from  the  Rector  or  Minister  of  the  Parish  or  Congre- 
gation of  his  or  her  last  residence,  or,  if  there  be  no  Rector  or  Min- 
ister, from  one  of  the  Wardens,  a  certificate  stating  that  he  or  she 
is  duly  registered  or  enrolled  as  a  communicant  in  the  Parish  or 
Congregation  from  which  he  or  she  desires  to  be  transferred,  and 
the  Rector  or  Minister  or  Warden  of  the  Parish  or  Congregation 
to  which  such  communicant  may  remove  shall  enroll  him  or  her 
as  a  communicant  when  such  certificate  is  presented,  or,  on  failure 
to  produce  such  certificate  through  no  fault  of  such  communicant, 
upon  other  evidence  of  his  or  her  being  such  a  communicant,  suf- 
ficient in  the  judgment  of  said  Rector  or  Minister.  Notice  of  such 
enrollment  in  such  Parish  or  Congregation  to  which  such  communi- 
cant shall  have  removed,  shall  be  sent  by  the  Rector  or  Minister 
thereof  to  the  Rector  of  the  Parish  from  which  the  communicant 
is  removed. 

§  II.  When  a  person  to  whom  the  sacraments  of  the  Church 
have  been  refused,  or  who  has  been  repelled  from  the  Holy  Com- 
munion under  the  Rubrics,  shall  lodge  a  complaint  with  the  Bishop, 
it  shall  be  the  duty  of  the  Bishop,  unless  he  see  fit  to  require  the 
person  to  be  admitted  or  restored  because  of  the  insufficiency  of  the 


32  CONSTITUTION  AND   CANONS 

cause  assigned  by  the  Minister,  to  institute  such  an  inquiry  as  may 
be  directed  by  the  Canons  of  the  Diocese  or  Missionary  District, 
and  shall  proceed  according  to  such  principles  of  law  and  equity  as 
will  insure  an  impartial  decision,  but  no  Minister  of  this  Church 
shall  be  required  to  admit  to  the  Sacraments  a  person  so  refused 
or  repelled  without  the  written  direction  of  the  Bishop. 

The  Sacraments  shall  not  be  refused  in  any  case  to  a  penitent 
person  at  the  point  to  die. 


RULES  OF  ORDER  33 


UtnrpB?  nf  Itefitmt  2fart!j  fflarnltua 


RULES  OF  ORDER 


Rule  I. — The  order  of  proceedings  shall  be  as  follows: 

FIRST  DAY 

(1.)  The  Convention  shall  meet  at  9  o'clock,  a.  m.,  for  Morn- 
ing Prayer  and  organization. 

(2.)  The  Secretary  of  the  preceding  Convention,  if  present — 
if  not,  some  other  person  appointed  by  the  Chair — shall  call  the 
names  of  Clergy  entitled  to  seats  (Const.,  Art.  II)  and  enter  on 
the  minutes  the  names  of  those  present. 

(3.)  The  Secretary  shall  call  the  names  of  Lay  Delegates  as 
entered  upon  the  list  provided  for  by  Canon  2  of  the  Canons  of  the 
Diocese,  subject  to  such  corrections  as  may  be  based  on  the  list  of 
delinquent  Parishes  to  be  sent  by  the  Treasurer  of  the  Diocese  to 
the  Secretary  on  the  day  before  the  meeting  of  the  Convention,  and 
shall  enter  on  the  minutes  the  names  of  those  present,  after  which 
the  President  shall  declare  the  Convention  organized  for  business. 

(4.)  The  President  shall  appoint  a  Committee  on  Credentials, 
consisting  of  one  Clergyman  and  two  Laymen,  to  receive,  examine 
and  report  upon  the  Credentials  of  Lay  Delegates,  and  to  revise 
the  Secretary's  list  of  the  same.  And  the  Treasurer  of  the  Dio- 
cese shall  report  to  such  Committee  a  list  of  the  Parishes  which 
are  in  arrears  for  Diocesan  assessments,  and  no  Delegate  shall  be 
reported  by  such  Committee  as  entitled  to  a  seat  in  the  Convention 
from  any  Parish  reported  by  such  Treasurer  as  in  arrears,  until 
such  Treasurer  shall  have  made  further  report  to  such  Committee 
that  such  Parish  is  no  longer  in  arrears.  In  case  the  alternate 
Delegates  claim  the  rights  to  seats  in  the  Convention,  the  fact  must 
be  made  known  to  the  Committee  on  Credentials,  who  shall  report 
thereon;  and  the  persons  reported  by  that  Committee,  as  entitled 
to  seats  (not  exceeding  three  from  each  Parish,)  whether  regu- 
lars or  alternates,  shall  if  the  Convention  approve  such  report, 
be  entered  upon  the  roll  of  the  Secretary  as  properly  accredited 
Delegates. 


34  RULES  OF  ORDER 

(5.)  At  10:30  a.  m.,  a  recess  shall  be  taken  for  the  celebration 
of  the  Holy  Communion,  at  which  time  the  Annual  Address  of  the 
Bishop  shall  be  delivered. 

(6.)  The  Committee  on  Credentials  shall  next  report  on  the 
application  (if  any)  of  new  Parishes  for  admission  to  the  Conven- 
tion (Canon  8  of  the  Diocese) ;  and  when  received,  the  Secretary 
shall  call  and  enter  on  the  minutes  the  names  of  the  Lay  Delegates 
representing  said  Parishes. 

(7.)  The  election  by  ballot  of  a  Secretary,  who  shall  have 
power  to  appoint  an  Assistant. 

(8.)  Appointment  by  the  President  of  a  Committee  on  Un- 
finished Business,  consisting  of  one  Clergyman  and  one  Layman. 

(9.)  Appointments  by  the  President  to  fill  any  vacancies 
existing  in  the  Committee  on  Canons,  or  in  the  Committee  on 
Finance,  appointed  by  the  preceding  Convention. 

(10.)   Report  of  Deans  of  Convocations. 

(11.)   Report  of  Archdeacon  of  the  Diocese. 

(12.)  Report  of  the  Abstract  of  Proceedings  of  the  Standing 
Committee  of  the  Diocese. 

(13.)   Report  of  the  Committee  on  Unfinished  Business. 

(14.)   Report  of  Special  Committees  of  last  Convention. 

(15.)   Report  of  the  Council. 

(16.)    Report  of  Finance  Department. 

(17.)   Report  of  Missionary  Department. 

(18.)   Report  of  Educational  Department. 

(19.)  Report  of  Committee  on  Canons,  on  matters  referred  to 
it  by  previous  Convention. 

(20.)   Report  of  Finance  Committee  on  Assessments. 

(21.)   Report  of  the  Treasurer  of  the  Diocese. 

(22.)   Election,  by  ballot,  of  the  Treasurer  of  the  Diocese. 

(23.)   Report  of  the  Committee  on  Canons  on  new  business. 

(24.)  Report  of  Secretary  of  the  Board  of  Trustees  of  the 
Diocese. 

(25.)  Report  of  Treasurer  of  the  Board  of  Trustees  of  the 
Diocese. 

(26.)   Motions,  resolutions  and  miscellaneous  business. 

(27.)  A  public  Missionary  meeting  for  promoting  the  objects 
of  the  Missionary  and  Educational  interests  of  the  Diocese. 

SECOND  DAY 

After  Divine  Service,  the  order  of  business  shall  be  as  follows: 
(28.)   Reading  and  approving  the  minutes. 
(29.)   Supplementary  report  of  the  Committee  on  Credentials. 
(30.)   Election,  by  ballot,  x)f —  s y 


RULES  OF  ORDER  35 

ii.  Deputies  and  Provisional  Deputies  to  the  General  Con- 
vention triennially,  and  to  the  Synod  of  Sewanee. 

iii.  One  Trustee  of  Diocese. 

iv.  Members  of  the  Ecclesiastical  Court   (triennially). 

v.  Trustee  for  Sewanee. 

vi.  Trustee  for  St.  Mary's. 

vii.  Registrar  of  the  Diocese    (triennially). 
(31.)   Report  of  Special  Committees  of  this  Convention. 
(32.)  Appointment  by  the  President  of  the  following  Diocesan 
Committees,  to  continue  until  the  close  of  the  next  Annual  Con- 
vention : 

i.  A  committee  on  Canons,  to  consist  of  two  Clergymen  and 
two  Laymen,  to  whom  shall  be  referred  all  matters  pertaining  to 
the  Constitution  and  Canons,  and  all  questions  of  ecclesiastical 
law  which  may  arise  during  the  sessions  of  the  Convention. 

ii.  Other  committees  required  by  Canon. 
(34.)   The  disposal  of  any  unfinished  business. 

Rule  II. — When  the  President  takes  the  Chair,  no  member 
shall  continue  standing,  or  shall  afterwards  stand,  unless  to 
address  the  Chair. 

Rule  III. — No  member  shall  absent  himself  from  the  services 
of  the  House,  unless  he  have  leave,  or  be  unable  to  attend. 

Rule  IV. — Whenever  any  member  is  about  to  speak  in  debate, 
or  deliver  any  matter  to  the  Convention,  he  shall  rise  from  his 
seat,  and  with  due  respect,  address  himself  in  an  audible  voice  to 
the  President,  confining  himself  strictly  to  the  point  in  debate. 

Rule  V. — No  member  shall  speak  more  than  twice  in  the  same 
debate,  without  leave  of  the  house. 

Rule  VI. — While  the  President  is  putting  any  question,  the 
members  shall  continue  in  their  seats,  and  not  hold  any  private 
discourse. 

Rule  VII. — Every  member  present  shall  vote  when  a  question 
is  put,  unless  excused  by  the  Convention ;  and,  on  a  vote  by  orders, 
the  name  of  the  Presiding  Officers  shall  be  called  last. 

Rule  VIII. — When  a  question  is  under  consideration,  no  motion 
shall  be  made,  unless  to  lay  it  upon  the  table,  to  postpone  it  indefi- 
nitely, to  postpone  it  to  a  certain  time,  to  commit  it,  to  amend  it,  or 
to  divide  it,  and  motions  for  any  of  these  shall  have  precedence  in 
the  order  herein  named. 

Rule  IX. — A  motion  to  lay  on  the  table  shall  be  decided  with- 
out debate. 

Rule  X. — A  motion  to  adjourn  shall  always  be  in  order,  and, 
if  unqaulified,  shall  be  decided  without  debate. 


36  RULES  OF  ORDER 

Rule  XI. — No  motion  shall  be  considered  as  before  the  House, 
unless  it  be  seconded,  and  reduced  to  writing. 

Rule  XII. — A  question,  being  once  determined,  shall  stand  as 
the  judgment  of  the  Convention,  and  shall  not  again  be  considered 
during  the  same  session;  but  a  question,  being  decided,  may  be 
reconsidered  with  the  consent  of  two-thirds  of  the  members  pres- 
ent, on  a  motion  to  that  purpose  by  one  of  the  majority  on  the 
first  decision. 

Rule  XIII. — All  Committees  shall  be  appointed  by  the  Presi- 
dent, unless  otherwise  ordered. 

Rule  XIV. — The  reports  of  all  committees  shall  be  in  writing, 
and  shall  be  entered  upon  the  minutes,  unless  otherwise  ordered. 
If  recommending  or  requiring  action  or  expression  of  opinion  by 
the  Convention,  they  shall  be  accompanied  by  a  resolution  or  res- 
olutions for  its  considerations. 

Rule  XV. — All  questions  of  order  shall  be  decided  by  the 
President,  in  the  first  instance;  but  any  member  may  appeal  from 
such  decision,  and  on  such  appeal  no  member  shall  speak  more 
than  once  without  leave  of  the  Convention. 

Rule  XVI. — Clergymen  of  the  Protestant  Episcopal  Church 
not  entitled  to  seats,  and  candidates  for  Holy  Orders  in  this  Dio- 
cese, shall  be  admitted  to  the  sittings  of  the  Convention,  and  their 
names  entered  on  the  Journal,  on  reporting  themselves  to  the 
Secretary,  but  without  the  right  of  taking  any  part  in  the  pro- 
ceedings. 

Rule  XVII. — Before  the  final  adjournment  of  the  Convention, 
the  minutes  of  the  last  day's  proceedings  shall  be  read,  corrected, 
if  necessary,  and  approved. 

Rule  XVIII. — The  Rules  of  Order  may  be  suspended  by  a  vote 
of  two-thirds  of  all  the  members  present. 

Rule  XIX. — The  above  shall  be  the  Rules  of  Order  for  all 
future  Conventions  of  this  Diocese,  unless  altered  or  rescinded. 


Printed  by 

Carolina  Printing  Go. 

Gastonia,  N.   C. 


FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


Form  No.  A-368,  Rev.  8/95 


